OSCN Found Document:Lawful Use of Force Upon Another - Circumstances
Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
  Title 21. Crimes and Punishments
    Chapter 20 - Assault and Battery
        Section 643 - Lawful Use of Force Upon Another - Circumstances
Cite as: 21 O.S. § 643 (OSCN 2026)


To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases:

1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting such officer or acting by such officer's direction;

2. When necessarily committed by any person in arresting one who has committed any felony, and delivering such person to a public officer competent to receive such person in custody;

3. When committed either by the person about to be injured, or by any other person in such person's aid or defense, in preventing or attempting to prevent an offense against such person, or any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense;

4. When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct such person's child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by the child's refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree;

5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, railroad car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force and violence used is not more than is sufficient to expel the offending passenger, with a reasonable regard to such passenger's personal safety; and

6. When committed by any person in preventing a person who is impaired by reason of intellectual or developmental disability as defined by Section 1430.2 of Title 10 of the Oklahoma Statutes, a mentally ill person, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to such person's self or to another, or enforcing such restraint as is necessary for the protection of the person or for restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of the person.

Historical Data


R.L. 1910, § 2342; Amended by Laws 1998, SB 112, c. 246, § 12, eff. November 1, 1998 (superseded document available); Amended by Laws 2019, HB 2341, c. 475, § 17, eff. November 1, 2019 (superseded document available).

Citationizer® Summary of Documents Citing This Document
Cite Name Level
 NELSON v. WOODCited
Oklahoma Attorney General's Opinions
 CiteNameLevel
 2024 OK AG 15, Question Submitted by: Vicki Zemp Behenna, Office of the District Attorney, 7th DistrictCited
Oklahoma Court of Criminal Appeals Cases
 CiteNameLevel
 2001 OK CR 5, 21 P.3d 1047, 72 OBJ 858, BLACK v. STATEDiscussed
 1975 OK CR 8, 530 P.2d 570, TAYLOR v. STATECited
 2011 OK CR 29, 268 P.3d 86, DAVIS v. STATECited
 1954 OK CR 31, 268 P.2d 316, CORDRAY v. STATECited
 1959 OK CR 100, 355 P.2d 420, TOWNLEY v. STATECited
 1960 OK CR 6, 354 P.2d 466, DAVIS v. STATECited
 1966 OK CR 107, 417 P.2d 331, SCAGGS v. STATECited
 1944 OK CR 52, 151 P.2d 74, 79 Okl.Cr. 1, Smith v StateCited
 1981 OK CR 132, 636 P.2d 342, COWLES v. STATECited
 1981 OK CR 152, 637 P.2d 879, LEE v. STATEDiscussed
 1997 OK CR 49, 946 P.2d 257, 68 OBJ 3122, OWM v. StateDiscussed at Length
 1998 OK CR 67, 972 P.2d 32, 70 OBJ 789, State v. AndersonDiscussed at Length
 1987 OK CR 216, 744 P.2d 205, DAVIS v. STATECited
Oklahoma Court of Civil Appeals Cases
 CiteNameLevel
 2016 OK CIV APP 55, 380 P.3d 894, SHAW v. CITY OF OKLAHOMA CITYCited
Oklahoma Supreme Court Cases
 CiteNameLevel
 1972 OK 38, 495 P.2d 390, FOSTER v. EMERYCited
 2007 OK 19, 157 P.3d 738, HAGEN v. INDEP. SCHOOL DIST. NO. I-004Discussed
 2010 OK 9, 230 P.3d 869, MORALES v. CITY OF OKLAHOMA CITY ex rel. OKLAHOMA CITY POLICE DEPT.Discussed
Oklahoma Jury Instructions- Criminal
 CiteNameLevel
 Justifiable Use of Nondeadly ForceCited
 Justifiable Use of Deadly Force in Defense of HabitationCited
 Justifiable Use of Nondeadly ForceCited
 Justifiable Use of Nondeadly ForceCited
Citationizer: Table of Authority
Cite Name Level
Title 10. Children
 CiteNameLevel
 10 O.S. 1430.2, DefinitionsCited